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HomeMy WebLinkAboutResolution 2023-053 Approving and Authorizing the Police Chief or his Designee to Execute a Memorandum of Understanding between City of Tucson and Marana Police Department MARANA RESOLUTION NO. 2023-053 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE POLICE CHIEF OR HIS DESIGNEE TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUCSON AND MARANA POLICE DEPARTMENT TO SET FORTH THEIR RELATIONSHIPS CONCERNING THE SOUTHERN ARIZONA CRIME GUN INTELLIGENCE CENTER WHEREAS the Southern Arizona Crime Gun Intelligence Center (CGIC) is an interagency collaboration focusing on collection,management,and analysis of crime gun evidence and data in order to identify violent gun offenders in Southern Arizona; and WHEREAS the CGIC utilizes all available investigative and enforcement resources in conjunction with state and federal prosecutors to identify, arrest, prosecute, and convict violent gun offenders; and WHEREAS the CGIC collects and processes ballistic evidence, analyzes crime gun information, investigates crime gun information to identify offenders, gathers and reports intelligence related to firearms tracking, and provides training and feedback to CGIC participants; and WHEREAS successful CGIC outcomes include reduced gun violence and reduced flow of illegal firearms in a given community; and WHEREAS the Town Council finds that it is in the best interests of the community to enter into a Memorandum of Understanding with the City of Tucson to be a participating agency in the CGIC. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The Memorandum of Understanding between the City of Tucson and the Marana Police Department setting forth their relationships concerning the CGIC attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Police Chief or his designee is hereby authorized and directed to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the Memorandum of Understanding. 00088858.DOCX/1 Resolution No.2023-053 - 1 - PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of June, 2023. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: ii David L. Udall, Town Clerk Jane F' irall, Town Atfbrney Mk, o amiesmoonalkamusammia SAA NA AZ ESTABLISHED 1977 00088858.DOCX/1 Resolution No. 2023-053 - 2 - Exhibit A to Marana Resolution No. 2023-053 O'6i..0C(SW N aQ< 47;t14, # < c' 9 a� NIBIN Crime Gun Intelligence Center � m \-7/ MEMORANDUM OF UNDERSTANDING 1972_ r, Administrating Agency for NIBIN Site# US171: Partnering/Participating Agency: Tucson Police Department Marana Police Department This Memorandum of Understanding (MOU) is entered into by and between the above agencies and sets forth their relationships concerning the Southern Arizona Crime Gun Intelligence Center(herein referred to as CGIC). BACKGROUND A local Crime Gun Intelligence Center (CGIC) is an interagency collaboration that focuses on the collection, management and analysis of crime gun evidence and data.This initiative provides a proactive, intelligence-based identification of violent gun offenders in Southern Arizona. The CGIC will produce timely, precise, and objective intelligence data (via ATF's National Integrated Ballistic Information Network(NIBIN) and ATF's Electronic Tracing System (eTrace),to focus the efforts of federal and state law enforcement, forensic, and prosecutorial resources on the most violent gun offenders in Southern Arizona. Actionable intelligence will lead to identifying, apprehending and prosecuting active shooters within our community. This partnership ultimately results in generating greater evidence, higher solve rates for gun crime, impounding crime guns and arresting violent offenders. PURPOSE The CGIC provides for an interagency process designed to utilize all available investigative and enforcement resources in conjunction with state and federal prosecutors to identify, arrest, prosecute, and convict violent gun offenders.To do so,the CGIC will perform the activities and duties described below: 1. Comprehensively collect and process ballistic evidence (crime guns and shell casings). 2. Analyze crime gun information (NIBIN and eTrace). 3. Investigate crime gun information to identify and apprehend active gun offenders and bring violent gun crime to a successful closure through local and federal prosecution. Identify crime gun sources and high risk federal firearm licensees (FFL). 4. Gather and report intelligence data relating to firearms trafficking to CGIC partners. 00088865.DOCX/1 1 I F a O Exhibit A to Marana Resolution No. 2023-053 5. Provide feedback and necessary training to CGIC participants to ensure sustainability and evaluate CGIC effectiveness and impact on violent gun crime. AUTHORITIES Offenses investigated and enforced pursuant to this MOU are those falling within ATF's jurisdiction 28 U.S.C. sec 599A; 27 CFR sec. 0.130. Specifically, the Gun Control Act of 1968, 18 U.S.C. §§ 921 et. seq. and the National Firearms Act, 26 U.S.C. §§ 5861 et. seq. CGIC TEAM MEETINGS The CGIC Administrator will contact the participating agency designated points of contact (POCs) to schedule biannual meetings.The purpose of these meetings is to discuss program updates,trainings and relay information related to regional investigations. In-person attendance is preferred when possible. MEASUREMENT OF SUCCESS Successful CGIC outcomes include reduced gun violence and reduced flow of illegal firearms in a given community. Success of the CGIC will be assessed through a process and impact evaluation, or other identified mechanism to assess effectiveness. While measures may vary slightly across agencies, if a CGIC process is being implemented within a larger crime-fighting initiative (such as focused deterrence), there are specific data that all agencies should be collecting in order to evaluate its success. Obtaining assistance from academic partners to accomplish this task is strongly recommended. First, in order to understand the effectiveness of the CGIC process, the procedures must be documented and assessed through a process evaluation. A process evaluation requires documenting the progression of the CGIC process,conducting observations,collecting data,and reporting. Descriptive measures to be included in a process evaluation include CGIC staffing information,jurisdictional demographics, and crime information. Second,an impact evaluation should be conducted to help leaders identify how their efforts have made an impact in their jurisdiction both in the short-term and long-term. Leaders should use their existing RMS, or a designated NIBIN data management system,to measure important outcomes. Critical core data to be collected include calls for service, crime incidents, gun-related arrest information, NIBIN and eTrace data (entries, hits, and leads), prosecutorial information, and desired outcomes. The success of the CGIC will be dependent, in part, upon the participating agencies' willingness to share certain information,such as crime statistics, NIBIN and eTrace information, and arrest and conviction information. 00088865.DOCX/1 2 1 C Exhibit A to Marana Resolution No. 2023-053 SUPERVISION AND CONTROL The day-to-day supervision and administrative control of personnel assigned to the CGIC will be the mutual responsibility of the participants,with the southern Arizona CGIC supervisor(Sgt. Ben Soltero—Tucson Police Gun Crime Intelligence Unit)sharing operational control over all operations related to the CGIC. Personnel shall remain subject to their respective agencies' policies, procedures and supervisors, and they shall report to their respective agencies regarding matters unrelated to this MOU. EVIDENCE CONTROL AND PROCESSING Evidence will be maintained by the lead agency having jurisdiction in the court system intended for prosecution. Evidence generated from investigations initiated by a participant intended for federal prosecution will be placed in the ATF designated location, using the procedures found in ATF orders. Evidence recovered (shell casings and seized crime gun test fires) by a participant agencies should be submitted for examination and NIBIN entry bi-weekly. If the originating agency conducts their own crime gun test fires (preferred),they will utilize the test fire envelopes provided by CGIC.The TPD Crime lab firing range may be made available for partner agencies to facilitate on-site test fires.All shell casings and crime guns will be returned to the submitting agency once entered into NIBIN.The CGIC will submit all relevant information to ATF's National Tracing Center and disseminate lead information in accordance with NIBIN MROS (Minimum Required Operating Standards). Originating agency responsibilities: CGIC responsibilities: • Trace DNA processing • Function check of firearms • Latent print processing • Triaging of casing evidence • Obliterated serial number restoration • Exhibit entries w/n 48 hrs of receiving • E-trace entry • Lead distribution w/n 48 hrs of receiving • Storage/disposal of test fire casings • Crime gun intelligence reports Firearm not typically processed: Firearms regularly processed: 1. Revolvers 1. PMF (Polymer 80s, 3D printed, "ghost guns") 2. Shotguns 2. MCD (full auto firearms) 3. Bolt action 3. High caliber firearms 4. Bio-Hazard 4. Firearms requiring gunsmithing(missing components, missing magazines) 00088865.DOCX/1 3IPage Exhibit A to Marana Resolution No. 2023-053 LEAD DISSEMINATION Lead dissemination will be conducted by CGIC personnel. Leads will be sent to the listed point of contact for the respective partnering agencies. Leads are sent out via email Monday-Friday during business hours 0800-1700 hours in the NESS (NIBIN Enforcement Support System) Lead Sheet format. TRAINING Various trainings and certifications related to NIBIN and crime gun intelligence are available for participating agencies. For access to the systems and training, please contact the Southern Arizona CGIC administrator (TPD Sgt. Benjamin Soltero). NIBIN Acquisition Certification: Acquisition training is a 40-hour in-person course that certifies personnel in the triaging and entering of crime gun casings at the Tucson NIBIN Site Brasstrax Machine. Firearms Safety: Firearms familiarization training for participants to become familiar with the proper way to function test and and test fire their agencies crime guns for NIBIN entry.Students will handle and fire several types and calibers of firearms. NESS: (NIBIN Enforcement Support System) is the web based NIBIN lead database. Several trainings are available to familiarize participants with the system and functions of lead distribution and crime gun intelligence analytics. ENTRIES All evidence and test fires will be triaged, processed and entered into the BRASSTRAX machine within 48 hours of reception at the CGIC site. Entries will be conducted by acquisition trained personnel in accordance with NIBIN MROS Standards. After hours/weekend priority processing is available to all participants. Contact the CGIC Administrator(TPD Sgt. Benjamin Soltero) to coordinate after hours requests. The CGIC may also send CGIC personnel to scenes throughout Southern Arizona to assist with processing of NIBIN related evidence/scenes. PERSONNEL, EQUIPTMENT AND RESOURCES. To accomplish the objectives of the CGIC, each participating agency agrees to make available to their assigned personnel any equipment ordinarily assigned for use by that agency. In the event the Tucson Police Department supplies equipment to CGIC personnel, those personnel must abide by any applicable Tucson Police Department property orders or policy, and may be required to enter into a separate agreement for their use. 00088865.DOCX/1 4 I P e Exhibit A to Marana Resolution No. 2023-053 REPORTS AND INFORMATION SHARING Information will be freely shared among the participants with the understanding that all investigative information will be kept strictly confidential and will only be used in furtherance of criminal investigations. Except as noted below, no information gathered during the course of the CGIC, to include informal communications between participants, may be disseminated to any non-law enforcement third party by any CGIC member without the express permission of a CGIC supervisor(TPD Sgt. Ben Soltero). Participating partner agencies agree to share any documentation related to cases that yield NIBIN "hits". This information will be shared between agencies that share similar crime gun information as well as with the Tucson Police Department. Some information obtained during crime gun intelligence gathering may contain information on legal gun owners (Etrace) and as such may not be distributed outside of that specific criminal investigation. Any public requests for access to the records or any disclosures of information obtained by CGIC members during CGIC investigations will be handled in accordance with applicable rules of criminal procedure, statutes, regulations, and policies pursuant to the Freedom of Information Act, the Privacy Act, any state-specific rules of criminal procedure, the Federal Rules of Criminal Procedure, and other applicable federal and/or state statutes and regulations. POINT OF CONTACT C) Each participating agency will provide a primary and secondary point of contact for their agency.These points of contact are responsible for facilitating regular exchange of evidence, NIBIN Leads and crime gun intelligence between CGIC partners and their agency. POCs will be issued a Tucson Police Department access badge to the Special Investigations Section/NIBIN facility. If the badge is lost or stolen, they will immediately notify the CGIC Administrator to disable building access and replace the badge. POCs are responsible for notifying the CGIC Administrator in the event their contact information changes or they are removed as the POC by their agency. A current list of participating agencies points of contact will be maintained by the CGIC Administrator and made available to all agencies. DECONFLICTION Each participating agency agrees that the deconfliction process requires the sharing of certain operational information with the CGIC, which, if disclosed to unauthorized persons, could endanger law enforcement personnel and the public.As a result of this concern,each participating agency agrees to adopt security measures set forth herein: 00088865.DOCX/1 5 I €s q a Exhibit A to Marana Resolution No. 2023-053 a.Each participating agency will assign primary and secondary points of contact. b.Each participating agency agrees to keep its points of contact list updated. c.Each participating agency agrees to participate in investigative deconfliction processes and procedures. JURISDICTION/PROSECUTIONS Cases will be reviewed by the participating agencies,the USAO,and appropriate state or local prosecution offices, to determine whether cases will be referred for prosecution to the USAO or to the relevant state or local prosecution office.This determination will be based upon which venue for prosecution will best serve the interests of justice and remove a violent gun offender from the community as quickly as possible. Any question that arises pertaining to prosecution will be resolved through discussion among the investigative agencies and prosecuting entities having an interest in the matter. MEDIA Media relations will be handled by designated CGIC personnel and in coordination with each participating agency. Information for press releases will be reviewed and mutually agreed upon by all participating agencies, who will take part in press conferences. Assigned personnel will be informed not to give statements to the media concerning any ongoing investigation or prosecution under this MOU without the concurrence of the other participants and,when appropriate,the relevant prosecutor's office. All personnel from the participating agencies shall strictly adhere to the requirements of Title 26, United States Code, § 6103. Disclosure of tax return information and tax information acquired during the course of investigations involving National Firearms Act (NFA) firearms as defined in 26 U.S.C., Chapter 53, shall not be made except as provided by law. LIABILITY ATF acknowledges that the United States is liable for the wrongful or negligent acts or omissions of its officers and employees, while on duty and acting within the scope of their federal employment, to the extent permitted by the Federal Tort Claims Act. Claims against the United States for injury or loss of property, personal injury, or death arising or resulting from the negligent or wrongful act or omission of any federal employee while acting within the scope of his or her office or employment are governed by the Federal Tort Claims Act, 28 U.S.C. sections 1346(b), 2672-2680 (unless the claim arises from a violation of the Constitution of the United States,or a violation of a statute of the United States under which other recovery is authorized). 00088865.DOCX/1 6 I P a q a Exhibit A to Marana Resolution No. 2023-053 Except as otherwise provided, the parties agree to be solely responsible for the negligent or wrongful acts or omissions of their respective employees and will not seek financial contributions from the other parties for such acts or omissions. Legal representation by the United States is determined by the United States Department of Justice on a case-by-case basis. ATF cannot guarantee the United States will provide legal representation to any state or local law enforcement officer. Liability for any negligent or willful acts of any agent or officer undertaken outside the terms of this MOU will be the sole responsibility of the respective agent or officer and agency involved. It is expressly understood and agreed by all Partners that employees of any CGIC partner receiving compensation for work performed under this MOU shall in no way be deemed employees of the CGIC partners. The parties to this MOU are not legally "partners" to the extent that the term encompasses joint and several liability. Each party under this MOU is responsible for its own employees, representatives, agents, and subcontractors. DURATION This MOU shall remain in effect until it is terminated in writing (to include electronic mail and facsimile). All participating agencies agree that no agency shall withdraw from the CGIC without providing ninety days written notice to other participating agencies. MODIFICATIONS This agreement may be modified at any time by written consent of all participating agencies. Modifications shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of each participating agency. 00088865.DOCX/1 7 I g D Exhibit A to Marana Resolution No. 2023-053 GCIC ADMINISTRATING AGENCY PRIMARY POINT OF CONTACT SECONDARY POINT OF CONTACT Benjamin F. Soltero#49278 Jeremy Linscott Print Name and Badge/EID# Print Name and Badge/EID# Tucson Police Department Tucson Police Department Law Enforcement Agency Law Enforcement Agency Gun Crime Intelligence Unit TPD NIBIN Site 171 Unit/Assignment Unit/Assignment Benjamin.Soltero@Tucsonaz.gov Jeremy.linscott@Tucsonaz.gov Email Address Email Address (520) 240-3518 (520) 424-0992 Phone Number Phone Number Signature/Date Signature/Date PARTICIPATING AGENCY PRIMARY I T OF CONTACT SECONDARY POINT OF CONTACT Brian Aronson Taylor Pitzer Print Name and Badge/EID# Print Name and Badge/EID# Marana Police Department Marana Police Department Law Enforcement Agency Law Enforcement Agency Evidence Section Evidence Section Unit/Assignment Unit/Assignment Baronson@maranaaz.gov Tpitzer@ maranaaz.gov Email Address Email Address 520-382-2010 402-206-9083 Phone Number Phone Number Signature/Date Signature/Date 00088865.DOCX/1 8 I ' Y g F~; Exhibit A to Marana Resolution No. 2023-053 SACGIC PARTICIPATING AGENCIES AND POCs 00088865.DOCX/1 9 I P a g e